GR L 20346; (October, 1967) (Digest)
G.R. No. L-20346; October 31, 1967
THE CITY MAYOR, ENGR. ARTEMIO MATE, ET AL., petitioners-appellants, vs. THE CHIEF, PHILIPPINE CONSTABULARY, COL. NICANOR GARCIA, ET AL., respondents-appellees.
FACTS
The City Mayor, Chief of Police, and Chief of the Secret Service of Tacloban City filed a petition for declaratory relief against officials of the Philippine Constabulary (PC). The PC, believing it had concurrent jurisdiction, conducted a series of raids within Tacloban City (on February 2, 14, 17, and 22, 1962) without prior notice to or request from the city mayor. The petitioners protested, asserting that this contravened the Charter of Tacloban City ( Republic Act No. 3068 ), which grants exclusive police jurisdiction and supervision to the city’s peace officers. The Court of First Instance of Leyte ruled that the PC could exercise police authority within the city without the mayor’s consent, though notice of contemplated police action may be required. The petitioners appealed directly to the Supreme Court on questions of law.
ISSUE
Whether, under Republic Act No. 3068 (the Charter of Tacloban City), the Philippine Constabulary may exercise police authority and conduct police operations within the territorial limits of Tacloban City without the prior notice and consent of the City Mayor.
RULING
The Supreme Court reversed the lower court’s decision. It held that:
1. Police jurisdiction, supervision, and the preservation of peace and order within Tacloban City pertain EXCLUSIVELY to the city’s peace officers (the Mayor, Chief of Police, Deputy Chief of Police, Chief of the Secret Service, and all members of the city police and detective force) as provided in Sections 37 and 40 of Republic Act No. 3068 . This exclusivity is subject only to two exceptions: (a) when the City Mayor deems it necessary to call upon the provincial commander or other members of the Armed Forces under specified circumstances (riot, disturbance, public calamity, or serious violation of law and order); and (b) the constitutional power of the President as commander-in-chief.
2. Consequently, the Philippine Constabulary may conduct police operations or exercise police functions in Tacloban City only upon previous notice to and with the consent of the City Mayor, except in cases involving the pursuit of law offenders who enter the city.
3. A PC member who casually happens to be in the city may effect arrests as a private citizen under Section 6, Rule 113 of the Rules of Court, without prior notice to city peace officers.
The Court enjoined the respondents from exercising police jurisdiction or conducting police operations in Tacloban City contrary to this ruling. It emphasized that Republic Act No. 3068 , as a special law, prevails over the general provisions of the Revised Administrative Code and Commonwealth Act No. 343 cited by the PC.